Here's part of the "on the shelf" image from the complaint (I zoomed in a bit to better show the packaging).
Likely to confuse?
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The design patent claim isn't bad but IDK about this trade dress claim.
Admittedly, the bar for visual similarity is lower for trade dress infringement than it is in design patent infringement but these claimed shapes just seem really different.
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Martini Golf v. Golf Gifts & Gallery - New design patent & trade dress case over golf tees: https://design-law.tumblr.com/post/707240335058878464/do-these-golf-tees-infringe-this-design-patent
#tradedress #litigation #martinigolf #designpatents